Answering Your VA Benefits Questions
Posted by admin on Dec 30, 2008
Many American veterans are unaware of the fact that they might be eligible to receive benefits. While some feel like leaving the past behind them, so to speak, others do not even realize that there may be reason for them to receive benefits. Obtaining benefits from the VA can sometimes be a difficult and long process that sometimes does not seem worth the effort. If you are a veteran and you have a disability or injury this is something you should look into, you have earned these benefits.
Q: How does a veteran know if he or she should be getting benefits? Who is qualified to receive benefits?
A: There are three key factors in determining if you might be eligible to obtain VA service connected disability benefits. First, you had to have served in the Army, Coast Guard, Navy, Marines, or Air Force. Secondly, you must currently suffer from a disability which began during your years of service, or began before hand and was worsened by doing service. There is a wide range of these sorts of disabilities, to some types of cancer, to breathing problems, to other disabilities that originated from or were affected by your service. Lastly, you need to show evidence that your current disability is connected to your military service.
An example is, if you were on leave from active duty and vacationing with your family and while skiing you fell and broke your leg or injured your knee. Today, even though many years have passed, the problem caused by that old injury is only getting worse, and you will soon need surgery to have the knee replaced. This can be service connected because while you were in the service you had an accident, incident, or illness. And in addition to the surgery, the incident has caused other problems that you need taken care of.
Q: But how will receiving benefits from Veteran Affairs really help me?
A: If you are successful in being service connected for your disability you could receive a monthly benefit and you become eligible for medical care at your local VA facility. The amount of your monthly benefit will depend on your percentage of service connection granted.
Q: If I am currently service connected and I have hearing loss at 10% and PTSD at 30% why am I only considered 30% service connected?
A: The VA has a rating schedule that they use to determine what percentage is to be granted for each disability depending on the severity of the disability. They also use a rating chart to total your percentage of service connection, they do not use mathematical terms. These service connection percentages can be tricky to understand and if you feel that you should be receiving more benefits or a higher percentage then you should look into your disability and the severity or contact a professional that could assist you.
Q: My cousin has obtained a 65% service connection for the exact same disability I have. Why?
A: This is due to the fact that the VA rates everyone separately depending on the severity of their disability. It is important to remember that the VA uses a rating schedule to determining the percentage and, therefore, the amount of benefits an individual receives.
Q: If I work at Veteran Affairs, can I still receive disability benefits for my time in service?
A: Yes. Unlike with Social Security Disability, the disability benefits you obtain from Veteran Affairs are not affected by working. If you are granted service connection for a disability that is not keeping you from working then you can still work and receive benefits. Your disability benefits are not reduced or annulled if you are earning an income.
Q: Can I receive Social Security Disability benefits and VA service connected disability benefits? A: Yes, you can. While Social Security Disability does gauge your earned income when determining your SSD benefits, your VA benefits are not considered earned income, and so will not get in the way of your SSD benefits.
Q: My husband/wife was in the service and receiving VA service connected disability benefits but they have passed. Can I receive their benefits?
A: In some cases, yes, benefits are available for children and spouses who survive a deceased veteran. However, every case is different, and you need to be sure to speak to a professional before moving forward.
Q: How do I file a claim?
A: Veteran Affairs has laws to follow called “Veteran Friendly Laws.” It is the responsibility of Veteran Affairs to help you apply and file a disability claim, as well as take you through the benefits application process. There are many independent organizations to help, and every U.S. state has a Regional Office where you will receive assistance free of charge. You can find your local VA Regional Office as well as Veterans Service Organizations on the VA website at www.va.gov.
Q: Can I hire an attorney?
A: The VA does have laws that tell attorneys when they can represent a client for a fee and when they can not. You can find some lawyers who will represent you for free, or Pro Bono, and others who will require you to sign a contract promising payment for their services. You should contact a local attorney’s office for more information and specifics regarding your claim.
Q: I am already receiving VA service connected disability benefits, can I receive anything else?
A: The answer to this question will depend on your situation. If, for instance, your service connected disability has grown in severity since you began receiving benefits, you can apply for an increase in your percentage or rating, which will also increase the amount of your monthly benefits. Veteran Affairs also provides expanded benefits to those veterans who cannot work due to their service connected disability. To apply for these benefits there is a separate form that needs to be filled out and filed with the VA. If you feel that your disability makes it impossible for you to work, and should therefore receive more benefits from the VA, you should either contact a VSO or a lawyer to answer your questions and help you through the process. Veteran Affairs also provides additional benefits to those veterans who, due to their service connected disability, are mostly homebound and cannot care for themselves. These benefits are a homebound compensation. If you need assistance in caring for yourself but are having trouble paying for the care you should look into this option.
Every veteran’s case is different and obtaining the benefits set aside for you by the VA can be quite confusing to some people. The VA’s website has a lot of information on what kind of benefits there are beyond disability benefits and what you can do to receive these benefits. If you are a veteran and you were injured in any way or your disabilities that you had before going into the service were aggravated in any way please look into your options. You served for our country and you may be entitled to veterans benefits.
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If you wish to apply for Social Security benefits, it is key to be specific and forthright about your symptoms when you speak with your doctor; even if the visits do nothing for your condition. Be sure your doctor keeps track of your symptoms to give the SSA a thorough history of your disability. The more supporting evidence found in your medical records, the greater your chance of being approved for Social Security benefits.
Q: I am able to work but not at what I used to nor can I earn the same money I used to. Can I still file for Social Security benefits?
A: Yes, you can still file for Social Security benefits.
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If you disagree with the findings of this review process, an appeal may be filed with the office of the Social Security Administration. You may then be asked to attend a hearing, upon which time a reconsideration decision will be made. If you are found to be ineligible for further Social Security benefits, you have the option of filing for an appeal with an administrative law judge, take your case to an Appeals Council, or file a lawsuit in the federal district court.
Can I receive any benefits for caring for my spouse who is disabled?
While the SSA does not pay caregivers of disabled spouses directly, they may be able to receive benefits of their own. These benefits are given monthly and can be equal to 50 percent of the disabled spouse’s benefits.
Can I have still apply for social security benefits?
A: The SSA defines the word disability as being unable to complete any substantial activity that will earn you a living. What is considered “substantial gainful activity” comes from the National Wage Index, which averages monthly wages across the board. The SSA considers an applicant to be working or employed at any time the that person “is the owner or part owner of a trade or business even if he or she does not actually work in the trade or business or receive any income from it. ”
Your business income may affect your social security benefits. The income you receive from your business, regardless of who runs it, may be considered substantial if it exceeds a determined SGA (or substantial gainful activity) level.
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Some people decide they would rather not depend on social security benefits and take on regular employment in a different type of work. Benefits would no longer continue in that case. The last scenario in which social security benefits would no longer continue would be if you reach retirement age. In that case, you would then begin receiving retirement benefits instead. Your file will be reevaluated from time to time.
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Specifically, a veteran who was enrolled for the fist time after (or on) Sept. 8, 1980 will need to have completed a minimum service period, which should amount to either twenty-four continuous months of active duty or the entire period that individual was called for to active duty. In addition, the active service of the eligible veteran needs to include 90 total days during a period of war or one day of service during a period of war which ended in discharge due to a service-connected disability.
• Discharge- To be eligible for benefits from the Department of Veteran Affairs, your discharge from the military needs to have been under non-dishonorable circumstances.
The Requirements for Service Connected Benefits
Eligibility for service-connected benefits, differently from non-service-connected benefits, is not dependant on a veteran having done wartime service or meeting a net worth or income level.
The majority of claims, however, are still not approved after being reconsidered. After being reconsidered and denied, your claim will need to be appealed and go to hearing. Again, it is not required that you have legal representation for the hearing process. The majority of claims that are approved after being heard before a judge have been represented by a lawyer. The hearing phase is the last chance for your claim to be approved.
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) Supporting documentation demonstrating your dire situation should accompany the letter. Duplicates of overdue utility and mortgage notifications will lend credibility to your dire need request. Your case may be expedited if the office determines your financial situation dictates it. Another option is to request an on the record review of your case. An on the record review is when your claim is reviewed by the Office of Hearings and Appeals prior to the actual date for your case to be heard before an administrative judge.
These are physicians with real knowledge of your case and experience with your disability.
If you do not have medical insurance, there are two different places you can go for help. One of these is the county clinic in your county, and the other is a vocational rehabilitation center. County clinics exist to provide care to those without medical insurance. If you decide to use a county clinic, the best way to go about it is quietly: it is best not to tell them about your current disabilities.
Physicians have pronounced my condition incurable so why is there a need to keep seeing doctors?
Even if your doctor has pronounced that there is no longer any treatment that can help you, you should continue seeking medical help in order to ease the pain or symptoms of your condition. This is all the more important if you are still currently receiving Social Security benefits, since the SSA will check on your status from time to time and decide if you are still considered disabled. Failing to see a doctor regularly may give the SSA cause to believe that you are no longer disabled.
While I am still currently working, I am no longer able to work in the same capacity and I am earning much less. Am I eligible for Social Security benefits?
Social Security benefits are granted under certain conditions.
Shop for lawyers accordingly. some only take SSD or SSI cases, while others take all social security related cases. If you do not know how to find a Social Security lawyer or who you should speak to first, there is a referral agency for lawyers who work with Social Security cases. This organization is called NOSSCR, or the National Organization for Social Security Claimant’s Representatives. When you speak to NOSSCR, be sure to let them know your specific situation, such as a stoppage of payment of benefits (called a cessation), a claim of overpayment, etc.
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For more information please see 38 U. S. C. S. §§1521-22.
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If there is a chance that the condition will improve, a review will be done in 3 years. If the member is determined to have a permanent medical condition, the review will be undertaken after 5 to 7 years have passed.
The review will be conducted by the Disability Determination Services department of the Social Security Administration in order to find out if the member should go on receiving Social Security benefits. The member will go through an interview process and will be asked about his or her condition since being granted Social Security benefits. At this point, a medical examiner will determine whether or not the condition has improved.